Representative Jasmine Crockett (D-TX) sparked controversy over the weekend after claiming during an MSNBC interview that illegal immigration is not a criminal offense. The remarks, made during an appearance on The Katie Phang Show, quickly drew scrutiny, with legal experts and commentators pointing to federal law that classifies unlawful entry as a misdemeanor.
Crockett, a freshman congresswoman and member of the progressive “Squad,” argued that immigration enforcement under President Donald Trump has been unjustified, stating, “It is not a criminal violation to enter the country illegally. It’s not a criminal… crime! It’s not a crime!” The statement, which aired Saturday, was widely shared on social media, with a clip circulating on X garnering over 5.5 million views by Monday.
The congresswoman went on to express frustration with federal immigration officials, particularly Homeland Security Secretary Kristi Noem and White House border czar Tom Homan. “They really want our local law enforcement to go out and round up people when they could be looking out for the murderers and sexual abusers as well as the robbers. They want them to go out and round people up on civil accusations,” she said.
Her remarks quickly received pushback online, with X’s Community Notes feature, which allows users to fact-check statements, adding a correction. The note cited 8 U.S.C. § 1325, which states that any noncitizen who enters the U.S. unlawfully can face a fine and up to six months in prison for a first offense, and up to two years in prison for a subsequent offense.
Despite the legal clarification, MSNBC host Katie Phang did not challenge Crockett’s statement during the interview. The idea that illegal immigration is not a crime has been promoted by some progressive lawmakers and advocacy groups, who argue that the offense should be treated as a civil violation rather than a criminal act.
Tom Homan, who serves as President Trump’s lead official on immigration enforcement, responded to the controversy by reaffirming the administration’s stance on border security. “There’s consequences [for] entering the country illegally,” he told ABC News in January. “If we don’t show there’s consequences, you’re never going to fix the border problem.”
The debate comes as illegal immigration remains a major issue in the U.S. More than 11 million individuals are estimated to be living in the country unlawfully, with approximately 1.6 million residing in Texas alone, according to a 2022 report from the Pew Research Center. Texas, the second most popular destination for illegal immigrants after California, has been a focal point in national immigration discussions, particularly under the Biden-Harris administration.
Republicans have accused Democrats of weakening immigration enforcement and using executive authority to expand asylum protections. Some have also raised concerns about efforts to extend voting rights to noncitizens, though confirmed cases remain limited. More broadly, critics argue that President Joe Biden’s approach to border security—particularly allowing large numbers of migrants from Haiti, Venezuela, and Central America to enter the country—has been an overreach of executive power.
The controversy over Crockett’s remarks expresses the continued political divide over border policy and immigration enforcement. While progressives advocate for a more lenient approach, the Trump administration has maintained that stricter border security measures are necessary to address illegal immigration and ensure national security.
